fifth-amendment

Layla Boyce: Amendment V

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The Fifth Amendment

The Fifth Amendment to the United States Constitution protects individual rights by ensuring a fair and just legal system. One event does not appear to have prompted the addition of the Fifth Amendment; rather, the amendment was born out of a recognition of the importance of a just legal system. The Fifth Amendment includes five separate protections: right to a trial by jury (the right to be judged by an unbiased audience of informed citizens), protection against “double jeopardy” (one cannot be tried multiple times for the same offense), protection against self-incrimination (individuals are not compelled to implicate themselves), the right to a fair and speedy trial (cases should not involve prejudice or unnecessary delays), and protection of private property (without compensation, the government cannot seize personal property). Of these provisions, one of the most controversial features of the Fifth Amendment is the protection against self incrimination, commonly known as the “right to remain silent”.  

The relevant text of the Amendment reads, “ …nor shall be compelled in any criminal case to be a witness against himself…”.  Generally, it is interpreted to mean individuals are permitted to refuse to answer incriminating questions or “take the 5th” during a criminal trial.  These protections have been extended to the pre-trial investigation stage.  Law enforcement is obligated to inform suspects in custody of their right to invoke the Fifth Amendment by reading them an explanation known as a Miranda warning.

The Supreme Court case, Bobby v. Dixon, demonstrates the issues caused by the broad language of the Fifth Amendment. Archie Dixon was questioned first about forgery without being Mirandized and his requests for an attorney were ignored. Subsequently, during a second interrogation after receiving Miranda warnings, he confessed to murder. The Sixth Circuit ruled that the police’s actions during the first were unconstitutional and that the second questioning was thus impermissibly tainted. However, the Supreme Court overruled this decision arguing that “Dixon was not in custody when he asserted his right to an attorney, and denied his ability to assert this right before he was in formal custody…” It was decided that there was no nexus between the improper unwarned admission to forgery and his later Mirandized confession to murder. Therefore, the Supreme Court found Dixon’s confession was properly elicited and reinstated his conviction.  

Furthermore, Griffin v. California (1965), a Supreme Court case, challenged the practice inferring guilt against defendants who employed their Fifth Amendment rights. Many people then were coerced into testifying to prevent the assumption of guilt.  The Supreme Court decided in Griffin this practice rendered the Fifth Amendment protections hollow as no one should be  ‘made “worse off” by asserting the Fifth than by not asserting it.’

The Fifth Amendment is a cornerstone of the American legal system, protecting individuals from self-incrimination, ensuring due process rights, and safeguarding property rights. The Fifth Amendment plays a significant role in protecting individual rights against the potential abuses of a  powerful government.

Amendment V

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One of the most important rights guaranteed by the Bill of Rights comes from the fourth clause of the fifth amendment: the right to due process of law. The basis for this right dates back to the Magna Carta, a charter of english liberties granted by King John to his citizens in 1215. Clause 39 of this charter reads, “[n]o free man shall be arrested or imprisoned . . . except by lawful judgment of his peers or by the law of the land.”

The ideas of “lawful judgment” and “law of the land” evolved into the due process clause, which is the reiteration that the government must abide by the law and its process. However, it is important to note that the fifth amendment only applies to the federal government while the fourteenth amendment addresses due process in relation to state governments. Over time, two subdivisions of due process emerged: procedural and substantive.

The former addresses the fairness of the process by which the law is executed, an example being the right to fair notice. Most importantly, this right establishes the vagueness doctrine, which is the idea that the Court can deem a law not valid if it is unclear. The logic is that, if too vague, the law does not give people fair notice as to what it is stating. In contrast, substantive due process prevents the government from restricting certain natural rights that are not explicitly stated in the Constitution. This branch of due process has caused a lot of controversy.

Some believe it protects rights that should be guaranteed. Others think it has no Constitutional basis and impedes the government’s power as it controls what rights it can and cannot restrict. Regardless, the due process clause is a manifestation of several key principles of the Constitution. The first one it embodies is separation of powers as it gives sole jurisdiction of restricting the rights of life, liberty, and property to the judiciary.

The removal of these rights can only be done through the legal system, meaning the executive and legislative branches have no power in this regard. Additionally, the debates over substantive due process are reflective of the struggle to balance a strong national government with individual rights that has existed since debates between Federalists and Anti-Federalists during the drafting of the Constitution. While some believe substantive due process is not truly founded in the Constitution, it should be more widely seen as a legitimate interpretation.

The Constitution was written over two centuries ago, meaning it was written with a society that existed during that time, not the present one, in mind. As the times change and our social laws adapt, the interpretation of the Constitution must as well in order to ensure the continued protection of natural rights.

Sophie Saxl- The Fifth Amendment Due Process Clause

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Sophie Saxl

Constitution Project Write- Up: The Due Process Clause

6/2/23

 

The Magna Carta, a charter of rights issued in 1215 by King John of England, introduces the concept of due process in its 39th chapter, stating that no free man should be taken under arrest without a fair judgment by his peers. Due process sets an important standard of fairness and a just protection of all parties in legal proceedings. The Fifth Amendment Due Process Clause in the U.S. Constitution ensures the right to a fair, thorough, and lawfully judged legal and administrative process to every person in court.

There are two aspects of the Due Process Clause: procedural due process and substantive due process. Procedural due process is the right to decisions involving the government being made through a fair and impartial process which includes fair notice, the opportunity to be heard and a fair presentation and examination of evidence for all parties. It is widely supported and uncontroversial. Substantive due process is much more debated, as it puts more limits on governmental authority, allowing courts to protect certain fundamental rights relating to “life, liberty and property,” as the Fifth Amendment states. Supporters of the theory of substantive due process often claim that it is the best way to protect fundamental human rights, including those not specifically mentioned in the Constitution. Legal scholars against the theory argue that the concept upsets the balance of power specifically outlined between the branches of the U.S. government, giving an unwarranted amount of power to the courts. This argument also asserts that substantive due process would give courts unlimited power of review over what rights are to be protected. This argument is based on the idea that the only rights protected are those stated in the Constitution. 

Due process is frequently brought up in Supreme Court cases, with one early example being in the extremely controversial Lochner vs. New York. In this case, a bakery owner, Joseph Lochner, was charged with violating the Bakeshop Act, a law setting a maximum of 10 hours per day and 60 hours per week allowed to be worked by bakery employees. Lochner argued that due process should be interpreted to contain freedom of contract covered by substantive due process. Even though Lochner referenced the Due Process Clause applying to states in the Fourteenth Amendment, he uses the same conceptual argument that applies to the Fifth Amendment. While Lochner was later overturned, substantive due process has continued to be debated in privacy cases.

The Due Process Clause is a manifestation of a crucial enlightenment ideal: natural rights. John Locke’s ideas on natural rights hold a close connection to the Due Process Clause, down to the specific wording. In his “Two Treatises of Civil Government,” Locke asserts that “no one ought to harm another in his life, health, liberty, or possessions,” using nearly identical wording to the clause itself: “life, liberty, and property.”

The argument around substantive due process draws back to a central point of debate in interpreting the Constitution: should judgment be based on the intent of the framers, or on the relevance today? I believe that the Constitution can only be read as a document made to change with time, because the Constitution is adaptable to different times, as proven by the built-in amendment process outlined in the Constitution.